POLITICIAN JUDGES

New Zealand Herald, Volume LXXV, Issue 23222, 16 December 1938, Page 10

POLITICIAN JUDGES

Allegations of political influence are bound to be made when Ministers in effect constitute themselves as final court of appeal in certain matters. The case reported from Hastings yesterday offers an illustration. An applicant who was refused a licence by the Transport Authority, Mr. P. Skoglund, succeeded in a subsequent appeal carried to the Minister of Transport. His competitors alleged that the applicant had enlisted the interest of the member for the district, Mr. W. E. Barnard, who arranged a private deputation to the Minister, the result being a reversal of the authority's decision. In the circumstances there was some justification for the suspicion of political log-rolling. Mr. Semple admits that his decision might have been announced to the deputation, but would have been made after going through the evidence very carefully and before ever he met the parties. His explanation can be freely accepted, but the whole case emphasises the unwisdom of the political head of a department exercising judicial functions. Even if he determines every appeal made to him impartially on the facts, that will not shield him from charges of being swayed by political motives. He would be protected from such accusations, and appellants would be better satisfied that they had received justice, if appeals were referred to an independent and disinterested tribunal. Apparently Mr. Sullivan has felt the invidiousness of his position as Minister of Industries and Commerce in having to determine appeals from decisions of the Bureau of Industries on applications for licences. At any rate he has appointed Sir Francis Frazer to inquire into and report on such matters, examining each "in a judicial and impartial manner." Nevertheless, with industries vas with transport, the ,final decision rests with the Minister, a politician. It is a position open to all sorts of abuses and, even if abuses are avoided, the suspicion of them will not be.